Texas 2017 - 85th Regular

Texas Senate Bill SB2200 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10781 MK-F
2	2	By: Lucio S.B. No. 2200
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to improving the quality of teachers employed by a school
8	8	district, teacher performance appraisals, and the hiring of mentor
9	9	teachers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 21, Education Code, is
12	12	amended by adding Sections 21.008 and 21.009 to read as follows:
13	13	Sec. 21.008. TEACHER QUALITY PLAN. (a) Each school
14	14	district may adopt a plan to increase teacher quality in the
15	15	district as provided by this section. The plan must address the
16	16	district's efforts to improve teacher quality and performance,
17	17	including:
18	18	(1) teacher performance appraisals;
19	19	(2) professional development opportunities;
20	20	(3) peer mentoring opportunities;
21	21	(4) career advancement opportunities; and
22	22	(5) decisions relating to compensation.
23	23	(b) A plan adopted under this section must require a
24	24	teacher's appraisal and performance to be a substantial factor in
25	25	decisions regarding:
26	26	(1) the professional development and peer mentoring
27	27	opportunities available to the teacher;
28	28	(2) the teacher's career advancement; and
29	29	(3) the teacher's compensation.
30	30	(c) In determining the career advancement and compensation
31	31	of a teacher, a school district must consider:
32	32	(1) the number of years of teaching experience;
33	33	(2) the applicable minimum monthly salary for the
34	34	teacher under Section 21.402;
35	35	(3) the district's teacher quality plan;
36	36	(4) the appraisal criteria adopted by the district;
37	37	and
38	38	(5) the most recent appraisal of the teacher.
39	39	(d) A school district shall review the district's teacher
40	40	quality plan adopted under this section at least once every five
41	41	years, and shall revise the plan as necessary.
42	42	(e) If a district adopts a teacher quality plan under this
43	43	section, the district must submit a report detailing the plan to the
44	44	commissioner not later than September 1 of each year. The
45	45	commissioner shall make each report submitted under this subsection
46	46	available to the public on the agency's Internet website.
47	47	Sec. 21.009. TEACHER QUALITY GRANT PROGRAM. (a) The
48	48	commissioner shall establish a grant program to assist school
49	49	districts that have adopted a teacher quality plan under Section
50	50	21.008. The program must assist districts in:
51	51	(1) recruiting high-quality teachers;
52	52	(2) hiring peer mentors under Section 21.458(a-1);
53	53	(3) defraying teacher costs associated with obtaining
54	54	relevant certifications or training; and
55	55	(4) implementing programs to improve the quality of
56	56	teachers in the district.
57	57	(b) From available agency funds and any additional funds
58	58	appropriated for this purpose, the commissioner shall make grants
59	59	as provided by this section. In making grants to school districts,
60	60	the commissioner shall give preference to districts proposing to
61	61	use the funds at high-need campuses.
62	62	(c) A school district may apply to the commissioner for a
63	63	grant under this section. The commissioner may approve the
64	64	application only if the district:
65	65	(1) applies within the period and in the manner
66	66	required by rule adopted by the commissioner; and
67	67	(2) agrees to use each grant only for a purpose
68	68	described under Subsection (a).
69	69	(d) A grant a school district receives under this section is
70	70	in addition to any funding the district receives under Chapter 42.
71	71	A district to which Chapter 41 applies is entitled to a grant under
72	72	this section. The commissioner shall distribute funds under this
73	73	section as soon as practicable after the grant is approved, in a
74	74	manner determined by the commissioner.
75	75	(e) This section does not create a property right to a
76	76	grant. A school district is entitled to a grant to carry out the
77	77	purposes of this section only to the extent the commissioner makes
78	78	the grant in accordance with this section and only to the extent
79	79	sufficient state funds are available for those purposes.
80	80	(f) A decision of the commissioner concerning the amount of
81	81	money to which a school district is entitled under this section is
82	82	final and may not be appealed. Each district shall, in the manner
83	83	and at the time prescribed by the commissioner, provide to the
84	84	commissioner proof acceptable to the commissioner of the teacher
85	85	quality plan for which a grant awarded under this section is being
86	86	used.
87	87	(g) The commissioner may audit the expenditure of money
88	88	appropriated for purposes of this section. A district's use of the
89	89	money appropriated for purposes of this section shall be verified
90	90	as part of the district audit under Section 44.008.
91	91	(h) Any money received by a teacher as the result of a grant
92	92	awarded under this section is not considered in determining whether
93	93	the district is paying the teacher the minimum monthly salary under
94	94	Section 21.402.
95	95	(i) The commissioner may adopt rules for the distribution of
96	96	grants to school districts under this section and any other rules as
97	97	necessary to implement this section.
98	98	SECTION 2. Section 21.351(a), Education Code, is amended to
99	99	read as follows:
100	100	(a) The commissioner shall adopt a recommended appraisal
101	101	process and criteria on which to appraise the performance of
102	102	teachers. The criteria must be based on measures of a teacher's
103	103	performance and observable, job-related behavior, including:
104	104	(1) teachers' implementation of discipline management
105	105	procedures; [and]
106	106	(2) the academic performance of teachers' students;
107	107	(3) classroom observations of the teacher; and
108	108	(4) data related to the teacher's professional efforts
109	109	and accomplishments, including:
110	110	(A) the number of certifications issued to the
111	111	teacher by a board, institution of higher education, or relevant
112	112	state or national organization;
113	113	(B) the number of continuing education courses
114	114	and programs completed by the teacher;
115	115	(C) mentoring duties performed by the teacher;
116	116	and
117	117	(D) any other objectively measurable efforts
118	118	related to professional engagement and growth made by the teacher.
119	119	SECTION 3. Section 21.352, Education Code, is amended by
120	120	amending Subsections (a) and (c) and adding Subsection (g) to read
121	121	as follows:
122	122	(a) In appraising teachers, each school district shall use:
123	123	(1) the appraisal process and performance criteria
124	124	developed by the commissioner under Section 21.351(a), conformed to
125	125	the district's teacher quality plan if adopted by the district; or
126	126	(2) an appraisal process and performance criteria:
127	127	(A) developed by the district- and campus-level
128	128	committees established under Section 11.251;
129	129	(B) containing the items described by Section
130	130	21.351(a) [Sections 21.351(a)(1) and (2)]; and
131	131	(C) adopted by the board of trustees.
132	132	(c) An [Except as otherwise provided by this subsection,]
133	133	appraisal must be done at least once during each school year. [A
134	134	teacher may be appraised less frequently if the teacher agrees in
135	135	writing and the teacher's most recent evaluation rated the teacher
136	136	as at least proficient, or the equivalent, and did not identify any
137	137	area of deficiency. A teacher who is appraised less frequently
138	138	than annually must be appraised at least once during each period of
139	139	five school years.] The district shall maintain a [written] copy of
140	140	the evaluation of each teacher's performance in the teacher's
141	141	personnel file. Each teacher is entitled to receive a written or
142	142	electronic copy of the evaluation promptly on its completion.
143	143	After receiving a [written] copy of the evaluation, a teacher is
144	144	entitled to a second appraisal by a different appraiser or to submit
145	145	a written rebuttal to the evaluation to be attached to the
146	146	evaluation in the teacher's personnel file. The evaluation and any
147	147	rebuttal may be given to another school district at which the
148	148	teacher has applied for employment at the request of that district.
149	149	(g) The commissioner shall develop training to assist and
150	150	provide support to school administrators to successfully implement
151	151	a teacher appraisal process under this section.
152	152	SECTION 4. Section 21.458, Education Code, is amended by
153	153	adding Subsection (a-1) to read as follows:
154	154	(a-1) A school district may contract with a retired
155	155	classroom teacher or a retired education professional to provide
156	156	mentoring to teachers in the district under this section. A mentor
157	157	teacher hired under this subsection must:
158	158	(1) comply with Subsections(b)(1) and (2); and
159	159	(2) meet the qualifications required under Subsection
160	160	(b)(3).
161	161	SECTION 5. This Act applies beginning with the 2017-2018
162	162	school year.
163	163	SECTION 6. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect September 1, 2017.